Stoner v. Pittsburg, Bessemer & Lake Erie Railroad
Supreme Court of Pennsylvania
Appeal, No. 51, Oct. T., 1910, by plaintiff, from order of C. P. Butler Co., June T., 1909, No. 38, refusing to appoint viewers in case of William J. Stoner v. The Pittsburg, Bessemer & Lake Erie Railroad. Petition for the appointment of viewers. Before Gal-breath, P. J. The opinion of the Supreme Court states the case. Error assigned was order of court discharging rule to show cause why viewers should not be appointed.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
One of the plaintiff’s predecessors in title gave a railroad right of way through the farm referred to in this case. Subsequently, on May 15, 1897, a conveyance in fee was made to the defendant of the land covered by this right of way and of an additional strip bordering its eastern side, reserving two farm crossings or causeways across the railroad tracks. After this, in October, 1906, in order to widen its roadbed again, the defendant condemned a strip of land running along the western side of the original right of way, and in making this last improvement…
2Cases cited5 opinions
- Fidelity Title & Trust Co. v. WeitzelSupreme Court of Pennsylvania · 1893
- Dimmick v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1897
- Davis v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1910
- Lilley v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1908
- Lilley v. Pittsburg, Virginia & Charleston Railway Co.Supreme Court of Pennsylvania · 1906